Whitmore v Graf-x Pty Ltd [1996] IRCA 478

Whitmore v Graf-x Pty Ltd [1996] IRCA 478

The Respondent's memo, delivered by post, stated a final decision to change the Applicant's duties, hours and rate of pay. Those changes were a significant unilateral alteration of the Applicant's contract of employment, which he refused to accept. The employer's action initiated termination of the Applicant's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 October 1996
Procedural Posture
Application for Relief in Respect of Termination of Employment Under Section 170 ED of the Industrial Relations Act / Reasons for Judgment and Orders After Hearing
Outcome
Application allowed; compensation and payment in lieu of notice ordered.
Legal Topics
['termination of Employment' 'unilateral Alteration of Contract of Employment' 'compensation' 'payment in Lieu of Notice']
['industrial Law' 'employment Law'] ['termination of Employment' 'unilateral Alteration of Contract of Employment' 'compensation' 'payment in Lieu of Notice']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Relief in Respect of Termination of Employment Under Section 170 ED of the Industrial Relations Act / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ["Whether the Respondent's unilateral alteration of the Applicant's duties, hours and rate of pay constituted termination of employment when the Applicant refused to accept the alteration." "Whether the Respondent had a valid reason for terminating the Applicant's employment." 'What compensation and notice payment should be awarded.']

Ratio Decidendi

The Respondent's memo, delivered by post, stated a final decision to change the Applicant's duties, hours and rate of pay. Those changes were a significant unilateral alteration of the Applicant's contract of employment, which he refused to accept. The employer's action initiated termination of the Applicant's employment, and the Respondent had no valid reason for the termination. Compensation of $10,200 and payment in lieu of notice of $1,700 were awarded.

Court Disposition

Application allowed; compensation and payment in lieu of notice ordered.

Orders

  • ['The Respondent pay to the Applicant the sum of $10200 pursuant to Section 170EE(2) within 21 days.' 'The Respondent pay to the Applicant the sum of $1700 pursuant to Section 170EE(5) within 21 days.']